alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wanda NIMS, by her next friend, P. R. Jackson, Plaintiff-Respondent, v. Dewey NIMS, Defendant-Appellant.

No. 7609.

Springfield Court of Appeals. Missouri.

Oct. 9, 1957.

Paul E. Carver, Neosho, for defendant-appellant.

Douglas & Douglas, Neosho, for plaintiff-respondent.

STONE, Judge.

Defendant, Dewey Nims, appeals from the judgment entered in the Circuit Court of Newton County, Missouri, on December 11, 1956, decreeing a divorce to plaintiff, Wanda Nims, awarding to plaintiff the care and custody of a minor child, Pamela Ruby Nims, and $50 per month as child support, and dismissing defendant’s cross-bill. The sole point, on which defendant here relies, is that the trial court erred in entering final judgment against defendant without appointment of a guardian ad litem for him.

The record in this case affirmatively shows that defendant was twenty years of age when the case was tried and judgment was entered. There is no suggestion that defendant had a legal guardian or curator appointed by the probate court under Chapter 457; * and, if he did, there was no compliance either with Section 506.150(2) requiring that service of process be had on such guardian or curator, or with Section 457.420 providing that “(i)t shall be the duty of all guardians and curators to represent their wards in all legal proceedings.” (All statutory references herein are to RSMo 1949, V.A.M.S.) Since defendant was not represented by a legal guardian or curator, Sections 507.190, 507.-200 and 507.210 pertaining to appointment of a guardian ad litem became applicable [Cox v. Wrinkle, Mo., 267 S.W.2d 648, 652(4)] ; but, the transcript clearly shows that the trial court proceeded to final judgment against defendant without appointment of a guardian ad litem for him. That this constituted reversible error is established by the Missouri cases beyond room for argument [Morgan v. Morgan, Mo.App., 289 S.W.2d 151, and cases there collected] and, in fact, now is conceded by plaintiff’s present counsel, who did not try the case below. It may be noted that, for the same error, we found it necessary to set aside the judgment of the trial court *876entered in this case on September 24, 1956, which awarded alimony pendente lite and an attorney’s fee to plaintiff. Nims v. Nims, Mo.App., 300 S.W.2d 282.

For the aforesaid omission and error, the judgment and decree of December 11, 1956, is set aside and the cause is remanded to the circuit court for further proceedings not inconsistent with tlíis opinion.

McDOWELL, P. J., concurs.

RUARK, J., not sitting.

*

 Now V.A.M.S. § 475.010 et seq.
CERTIFICATE PURSUANT TO
              THE SECURITIES EXCHANGE ACT OF 1934,
                     RULES 13a-14 AND 15d-14
                     AS ADOPTED PURSUANT TO
          SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Lewis Eslick, Chief Executive Officer/Chief Financial Officer
of Music Etc., Inc., certify that:

     (1)  I have reviewed the report on Form 10-QSB of Music
          Etc., Inc.;

     (2)  Based on my knowledge, this quarterly report does not
          contain any untrue statement of a material fact or omit
          to state a material fact necessary to make the
          statements made, in light of the circumstances under
          which such statements were made, not misleading with
          respect to the period covered by this quarterly report;

     (3)  Based on my knowledge, the financial statements, and other
       financial information included in this quarterly report, fairly
       present in all material respects the financial condition, results
       of operations and cash flows of the registrant as of, and for,
       the periods presented in this quarterly report;



Dated:    October 22, 2002





/s/ Lewis Eslick
Lewis Eslick
President, (CEO/CFO)
#### J. D. GANT, Appellant, v. The STATE of Texas, Appellee.

No. 28426.

Court of Criminal Appeals of Texas.

June 27, 1956.

No attorney for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

Appellant was convicted under two counts for the offense of selling whiskey in a dry area; the punishment assessed under the first count, $150 fine, and the punishment assessed under the second count, $150 fine.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.

The judgment is affirmed, and no motion for rehearing will be entertained in this case.
Exhibit 31.1
   CERTIFICATION PURSUANT TO SECTION 302 OF THE
          SARBANES-OXLEY ACT OF 2002

I , Keith Brackpool, certify that:

        1.  I have reviewed this Amendment No. 1 to the
annual report on Form 10-K of Cadiz Inc.;

        2.  Based on my knowledge, this report does not
contain any untrue statement of a material fact or omit to
state a material fact necessary to make the statements made,
in light of the circumstances under which such statements
were made, not misleading with respect to the period covered
by this report;

Dated: April 27, 2006

                           /s/ Keith Brackpool
                           ------------------------------------
                           Keith Brackpool
                           Chairman and Chief Executive Officer
Exhibit 32.1




CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED




PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002









In connection with the Amendment No. 4 to Annual Report of Apollo Solar Energy, Inc. (the “Company”) on Form 10-K for the period ending December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:




(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







/s/Jingong Pan


Jingong Pan


Chief Executive Officer and Chairman


February 28, 2011








/s/ Wilson Liu


Wilson Liu


Chief Financial Officer


February 28, 2011










A signed original of this written statement required by Section 906 has been provided to Apollo Solar Energy Inc. and will be retained by Apollo Solar Energy, Inc. and furnished to the Securities and Exchange Commission or its staff upon request
Februarys, 2012 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Ave., SE 

West Building Grand Floor 

Room W-120140 

Washington, DC 20590 

m m u 

a V SS 

Dear U.S. Department of Transportation: 

I would like to express the need and value of having SunJIountry airlmes offering transportation services 

from the Lansing, Michigan state capital city to Washington, DC. Sun Country should be given an 

exemption in Docket No. FAA-2012-0089. The airlines should be held harmless and not responsible for 

the error that has occurred in this case. 

The airbus route from Lansing to Washington DC is very important to the Greater Lansing region's 

economic development efforts going on today. The exemption will not adversely affect safety, since the 

airline has provided safe service on the route since April of 2011. Thousands of people have flown this 

route from Lansing to Washington DC and have become dependent on the availability of this service, 

primarily for business needs. 

I hope that you will consider the importance of having Sun Country airlines available in this region of the 

country. 

Thank you for your consideration to this matter. 

Sincerely, 

-Sharonjheroux. 1 _ 

5554 Strawberry Lane 

Haslett, Ml 48840 

i';.v
#### Dorsey GARRETT, as father and next friend of Edward W. Garrett, an infant, Appellant, v. Robert Charles LEE, Appellee.

Court of Appeals of Kentucky.

Dec. 5, 1957.

David . Bonne Smith, Smith & Shehan, Harlan, for appellant.

*763H. M. Brock & Sons, Harlan, for'appel-lee.

WADDILL, Commissioner,

On December 26, 1953, an automobile driven by Edward W. Garrett collided with a truck operated by Robert Charles Lee on Highway No. 421 in Harlan County. Garrett sustained personal injuries and both vehicles were considerably damaged.

Approximately eleven months thereafter, Garrett’s father filed this action on behalf of his alleged infant son seeking damages from Lee on the theory that Lee’s -negligence had caused the collision. The suit was styled “Dorsey Garrett, as father and next friend of Edward W. Garrett, an infant, Plaintiff v. Robert Charles Lee, Defendant.”

On February 18, 1956', it was discovered that Edward W. Garrett had attained the age of 21 years on February 14, 1953, and .a stipulation to that effect was filed in the action. Soon thereafter, defendant’s counsel filed an amended answer alleging that Dorsey Garrett had no capacity to sue (as next friend) and was not the real party in interest because Edward W. Garrett had attained the age of 21 years prior to the commencement of the action.

After the court had permitted the amended answer to be filed, plaintiff’s counsel filed a motion seeking to strike from the complaint that portion which designated “Dorsey Garrett as father and next friend.” The purpose of the motion was to reform the complaint to read “Edward W. Garrett, Plaintiff.”

The court sustained defendant’s motion for summary judgment and dismissed the complaint on the grounds pleaded in the amended answer.

To reverse the judgment, it is urged that the designation of “Dorsey Garrett as next friend” is a mere irregularity and the court should permit it to be stricken from the complaint because Edward W. Garrett was the plaintiff and real party in interest in the suit. Appellant claims that the case of Cozine v. Bonnick, Ky., 245 S.W.2d 935, supports his argument. However, that case merely holds-that the next friend’s non-residency was not a fatal defect, but could be cured by the appointment of another who was a resident of this state.

In view of the fact that Edward W. Garrett was not an infant at the time the action was filed, his father had no legal capacity to sue (as next friend) in his behalf. See, CR 17.01 and 17.03. Hence, the action was a nullity and no cause was pending before the court when Garrett’s motion to strike certain portions of the complaint was filed.

Therefore, we conclude that the trial court correctly sustained the defendant’s motion for summary judgment.

Judgment affirmed.

MOREMEN, C. J., and SIMS, J., dissent.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF EARNINGS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           3,222
<SECURITIES>                                       400
<RECEIVABLES>                                   11,582
<ALLOWANCES>                                         0
<INVENTORY>                                     11,833
<CURRENT-ASSETS>                                29,983
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</TABLE>
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

PACIFIC MERCANTILE BANCORP

Quarterly Report on Form 10-Q

for the quarter ended March 31, 2011

The undersigned, who is the Chief Executive Officer of Pacific Mercantile Bancorp (the Company), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter ended
March 31, 2011, as filed by the Company with the Securities and Exchange Commission (the Quarterly Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and 15(d)
of the Exchange Act; and (ii) the information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |                                                                                                                                                                                                                            
|------------------ |  |  |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Date: May 10, 2011 |  |  |  | /s/    RAYMOND E. DELLERBA                                                                                                                                                                                                 
|                   |  |  |  | Raymond E. Dellerba,                                                                                                                                                                                                       
|                   |  |  |  | President and Chief Executive Officer                                                                                                                                                                                      
|                   |  | 
|                   |  |  |  | A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
**EXHIBIT 32.2**

**CERTIFICATION**

*Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002*

In connection with the Annual Report of Auto Underwriters of America, Inc. (the “Company”) on Form 10-KSB/A for the year ended June 30, 2005 as filed with the Securities and Exchange Commission on the datehereof (the “Report), Dean Antonis, as Principal Financial and Accounting Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,that:

| (1)    | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                |
|-----------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|
|                       |                                                                                                                             |
| (2)    | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

| /s/ Dean Antonis                                 |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dean Antonis                                                                                                                                                                                                     |
| Treasurer and Principal Financial Officer                                                                                                                                                                        |
| Date:  March 15, 2006                                                                                                                                                                                  |

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, asamended.
<PAGE>



                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Annual Report of First Equity Properties, Inc. ("the
     Company") on Form 10-K for the year ending December 31, 2002 as filed with
     the Securities and Exchange Commission on the date hereof ("the Report"),
     I, Ronald E. Kimbrough, Acting Principal Executive Officer and Chief
     Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as
     adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) The report fully complies with the requirements of section 13(a) or
             15(d) of the Securities Exchange Act of 1934, as amended; and

         (2) The information contained in the Report fairly presents, in all
             material respects, the financial condition and results of
             operations of the Company.


     /s/ Ronald E. Kimbrough


     Ronald E. Kimbrough
     Acting Principal Executive Officer and Chief Financial Officer
     March 28, 2003
EXHIBIT 31

CERTIFICATION

I, Anthony N. DeMint, certify that:

> 
1.    I have reviewed this report on Form	10-QSB of Interbank Capital Corp.;

2.    Based on my knowledge, this	quarterly report does not contain any untrue statement of a material fact or	omit to state a material fact necessary to make the statements made, in	light of the circumstances under which such statements were made, not	misleading with respect to the period covered by this report;

3.    Based on my knowledge, the financial	statements, and other financial information included in this quarterly	report, fairly present in all material respects the financial condition,	results of operations and cash flows of the small business issuer as of, and	for, the periods presented in this quarterly report;

4.    I am the sole officer and director	and I am responsible for establishing and maintaining disclosure controls	and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))	for the small business issuer and have:

a. Designed such disclosure controls and procedures,		or caused such disclosure controls and procedures to be designed under		my supervision, to ensure that material information relating to the		small business issuer, including its consolidated subsidiaries, is made		known to me by others within those entities, particularly during the		period in which this report is being prepared;

b. Evaluated the effectiveness of the small business		issuer disclosure controls and procedures and presented in this report		my conclusions about the effectiveness of the disclosure controls and		procedures, as of the end of the period covered by this report based on		such evaluation; and

c. Disclosed in this report any change in the small		business issuer's internal control over financial reporting that		occurred during the small business issuer's most recent fiscal quarter		(the small business issuer's fourth fiscal quarter in the case of an		annual report) that has materially affected, or is reasonably likely to		materially affect, the small business issuer's internal control over		financial reporting; and

5.    I have disclosed, based on my most	recent evaluation of internal control over financial reporting, to the small	business issuer's auditors of the small business issuer's board of directors	(or persons performing the equivalent functions):

a. All significant deficiencies and material		weaknesses in the design or operation of internal control over financial		reporting which are reasonably likely to adversely affect the small		business issuer's ability to record, process, summarize and report		financial information; and

b. Any fraud, whether or not material, that involves		management or other employees who have a significant role in the small		business issuer's internal control over financial reporting.

Date: May 20, 2005

 

/s/ Anthony N.DeMint                     

Anthony N. DeMint

President and

Chief AccountingOfficer